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FACADE EASEMENT AGREEMENT <br />This Facade Easement Agreement ("Agreement ") is made and given on the day of <br />April, 2012, by and between the South Bend Redevelopment Commission ("Grantee ") and Data <br />Realty Northern Indiana, LLC, an Indiana Limited Liability Company ( "Grantor ") (collectively <br />the "Parties "). <br />STATEMENT OF FACTS <br />A. Grantor is the owner in fee simple of the real property more fully described on the <br />attached Exhibit "A ", and has a commercial structure on it, located in Ignition <br />Park, in the City of South Bend, Indiana, hereinafter referred to as the "Building ". <br />B. Grantor is giving this Facade Easement (" Facade Easement ") to the Grantee to <br />assist in preserving and maintaining the designated character of Ignition Park. <br />C. The fayade of the Building which is the subject matter of the Facade Easement is <br />depicted and illustrated on Exhibit "B ". <br />D. It is the specific intention of the Parties hereto to exclude the interior and other <br />parts of the Building from this Facade Easement. <br />E. Grantor desires to give to Grantee and Grantee desires to accept the Facade <br />Easement. <br />Based upon the mutual promises contained herein, the Parties agree as follows: <br />Incorporation of Statement of Facts. The Statements of Facts are incorporated <br />into the operative provisions of this Agreement as if fully set out herein. <br />2. Consideration. In consideration of One Dollar ($1.00) and other good and <br />valuable consideration, the receipt and sufficiency of which by Grantor is hereby acknowledged, <br />Grantor hereby does give and convey to the Grantee a Facade Easement to the Building. <br />3. Term of Facade Easement. The original term of this Agreement is seven (7) years <br />from the date of execution. <br />